what is required for attorney general confirmation process

What do you need to know about the confirmation process?

Jan 07, 2021 · President Joe Biden (D) announced Merrick Garland was his nominee for U.S. attorney general on January 7, 2021. This presidential appointment required Senate confirmation. The Senate Judiciary Committee held Garland's confirmation hearing for February 22-23, 2021. The Senate confirmed him on March 10, 2021, by a vote of 70-30.

What should a candidate do to prepare for a confirmation hearing?

Sep 25, 2014 · Under the Constitution’s Article II, Section 2, the President offers executive office nominees such as the Attorney General to the Senate for …

How is the Attorney General of the United States appointed?

Mar 21, 2022 · In April 2017, the Senate changed this rule and lowered the required votes to 51 to end debate on Supreme Court nominations (this is commonly known as "the nuclear option"). When the debate ends, the Senate votes on the nomination. A simple majority of the Senators present and voting is required for the judicial nominee to be confirmed.

What is the confirmation process for Supreme Court nominees?

Feb 08, 2017 · Hundreds of other senior posts and agency heads (1,212, to be exact) require Senate confirmation too, after background checks. Essentially, heads of agencies and a lot of deputies need to be confirmed, whereas adviser positions for the president do not. For example: CIA director, yes; national security adviser, no.

How is a US attorney general confirmed?

The attorney general is a statutory member of the Cabinet of the United States. Under the Appointments Clause of the United States Constitution, the officeholder is nominated by the president of the United States, then appointed with the advice and consent of the United States Senate.

How many Senate votes needed to confirm a Supreme Court Justice?

A simple majority vote is needed for confirmation (there are currently 100 U.S. senators).

How are presidential appointments approved?

[The president] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme ...Sep 17, 2021

Is Merrick Garland confirmed?

The Senate Judiciary Committee voted 15–7 to advance Garland's nomination to the Senate floor, and on March 10, the Senate confirmed Garland's nomination by a vote of 70–30. He was sworn in on March 11, 2021, by Assistant Attorney General for Administration Lee Lofthus.

WHO confirms judicial appointments?

the United States SenateSupreme Court justices, court of appeals judges, and district court judges are nominated by the President and confirmed by the United States Senate, as stated in the Constitution.

Who approves the nomination of a Supreme Court justice?

the SenateHow are Supreme Court Justices selected? The President nominates someone for a vacancy on the Court and the Senate votes to confirm the nominee, which requires a simple majority. In this way, both the Executive and Legislative Branches of the federal government have a voice in the composition of the Supreme Court.

Which presidential appointments dont require confirmation?

PA positions (approximately 400 positions): Presidential appointments that do not require Senate confirmation. These are senior-level positions, including jobs within the Executive Office of the President such as senior White House aides and advisors.

How many Senators are required to confirm a presidential appointment?

[The president] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme ...

Do presidential appointments need to be approved?

Under the Appointments Clause of the United States Constitution and law of the United States, certain federal positions appointed by the president of the United States require confirmation (advice and consent) of the United States Senate.

Who is Merrick Garland's wife?

Lynn GarlandMerrick Garland / Wife (m. 1987)

Who appoints Garland?

On March 16, 2016, President Barack Obama nominated Merrick Garland for Associate Justice of the Supreme Court of the United States to succeed Antonin Scalia, who had died one month earlier.

Who is the current US Attorney General?

Merrick GarlandUnited States / Attorney general

Which branch of government determines whether to confirm a nominee?

Second, the Senate determines whether to confirm the nomination. Third, the president presents a signed commission to the successful nominee and he or she is sworn in, assuming authority to carry out the duties of the office. The appointments clause of the Constitution specifies that the president.

When did the Senate pass a resolution allowing nominations for specific positions to bypass a committee?

In 2011, to ease the logjam of President Obama’s appointees awaiting confirmation, the Senate adopted a resolution allowing nominations for specific positions to bypass a committee and go to the full Senate for a vote. The committee still collects background, however.

How many nominees have been rejected by the Senate?

3 nominees. In the past 100 years, the Senate has rejected three nominations on a recorded vote. Americans tend to think of their president as the most powerful person in the world, but the Constitution limits the power of all three branches of government—the president as well as the Congress and the federal courts.

How long is the recess for the Senate?

In the high court’s first-ever decision on the breadth of the president’s power in making recess appointments, the justices said such appointments must be made during a Senate recess lasting at least 10 days. And if the Senate says it is in session, the court ruled, it’s in session.

What is Article 2 Section 2?

Article II, Section 2 empowers the president to nominate and—“by and with the Advice and Consent of the Senate”—to appoint principal officers such as department heads as well as subordinate ones such as deputies. The process of the president’s nomination of Cabinet secretaries, and the Senate’s confirmation of them, ...

How many cabinet nominations did the Senate reject?

At this writing, the Senate has rejected only nine of a president’s Cabinet nominations. Four were made by embattled Whig-turned-Independent John Tyler in 1843 and 1844, including choices for secretary of war and treasury secretary.

What is the job of the executive clerk in the Senate?

The appropriate committee investigates the nominee, holds hearings, and reports to the full Senate.

What does the Senate question a nominee?

Senators question the nominee on his or her qualifications, judgment, and philosophy. The Judiciary Committee then votes on the nomination and sends its recommendation (that it be confirmed, that it be rejected, or with no recommendation) to the full Senate. The full Senate debates the nomination.

Who does the President consult with before announcing a nominee?

The President usually will consult with Senators before announcing a nomination. When the President nominates a candidate, the nomination is sent to the Senate Judiciary Committeefor consideration. The Senate Judiciary Committee holds a hearing on the nominee.

Who published the first public hearings of the Supreme Court?

The first published report of Judicial Committee public hearings was that of the nomination hearings of Louis D. Brandeis in 1916.

What happens after a Senate hearing?

3) After hearings, the committee votes to report a nomination to the full Senate, requiring a simple majority.

What happens if a Senate nomination clears committee?

4) If a nomination clears committee, it moves to the Senate floor for a simple majority vote. Filibusters are not an issue here because Democrats changed Senate rules three years ago to eliminate the 60-vote threshold for most nominations. Supreme Court picks are still subject to filibuster.

How many vacant positions did Janet Napolitano have?

The Washington Post reported in 2013 that when Janet Napolitano resigned as secretary of homeland security, there were 15 vacant leadership positions in that department.

How does the Senate process start?

The process begins when the president provides a written nomination to the Senate, where it is read on the floor and assigned a number. This starts the Senate's procedure of " Advice and Consent " laid out in Article II of the U.S. Constitution for the appointment of high ranking officials by the president.

How long does a Senate nomination have to be on the executive calendar?

The nomination must be on the Executive Calendar for more than one day before it can make it to the Senate floor for consideration. Unanimous consent of the time and date for debate must be agreed upon by all senators. If even one senator does not agree, a hold is placed on the nomination.

What is PAS in the Senate?

All presidential appointments requiring Senate confirmation (PAS) must follow the appointment confirmation process before taking office. Although the number of PAS positions varies by administration, it typically includes all executive department secretaries, undersecretaries, and inspectors general. Some roles in independent agencies and ...

What happens after the Senate votes on a nomination?

Following a vote of cloture, the Senate conducts a simple majority vote on whether to confirm, reject, or take no action on the nomination.

What agency does a nominee go through?

A chosen nominee then must pass through a series of investigations by the Federal Bureau of Investigation, Internal Revenue Service, the Office of Government Ethics and an ethics official from the agency to which the position is assigned.

Who was the secretary of commerce in 1945?

Only one cabinet position since 1945 has been confirmed by the Senate after being reported as unfavorable by a committee. Henry A. Wallace was confirmed by the Senate by a vote of 56-32 to become the secretary of commerce on March 1, 1945.

What does the left column on the Senate committee mean?

The left column indicates the Senate committee, and the right indicates the federal departments and administrations over which the committee has jurisdiction. For more information on each committee, follow the link in the left column. Jurisdictions of Senate committees in presidential appointment confirmation. U.S. Senate committee. Jurisdiction.

Despite Warning Senate Cheers After Lynch Is Confirmed

Loretta Lynch was confirmed Thursday as attorney general, the first black woman in American history to hold the country’s top law enforcement post.

Despite Warning Senate Cheers After Lynch Is Confirmed

Holder said he was pleased the Senate recognized "her clear qualifications."

Ted Cruz Slams Lynch Nomination on Senate Floor

In many ways, the opposition to Lynch reflects the contentious and partisan showdowns over the president's nominees during his terms in office. It also speaks to the bitter relationship between Holder and congressional Republicans who say he acted as Obama's "wing man" in matters of policy.

What is the job of the Attorney General?

The attorney general serves as the principal advisor to the president of the United Stateson all legal matters. The attorney general is a statutory member of the Cabinet of the United States.

Who was the attorney general nominee for Clinton?

Gerson was fourth in the line of succession at the Justice Department, but other senior DOJ officials had already resigned.[14] Janet Reno, President Clinton's nominee for attorney general, was confirmed on March 12,[15]and he resigned the same day.

When does the Attorney General have to resign?

Presidential transition[edit] It is the practice for the attorney general, along with the other Cabinet secretaries and high-level political appointees of the President, to tender a resignation with effect on the Inauguration Day(January 20) of a new president.

Is "general" a noun?

The title "attorney general" is an example of a noun (attorney) followed by a postpositive adjective(general).[8]". General" is a description of the type of attorney, not a title or rank in itself (as it would be in the military).[8]

What is confirmation hearing?

Confirmation hearing and vote. Generally, the committee will have a public hearing on the nomination at which time the nominee will testify and answer questions. The nominee will need to prepare a short written and oral statement and must carefully prepare before testifying.

What happens after a Senate hearing?

After the hearing, individual senators may send the candidate written questions for the record. The committee then will vote on whether to send the nomination to the full Senate. Floor debate and vote. If the committee votes out the nomination, it will go to the full Senate for consideration.

What does an experienced counsel do?

Experienced counsel can assist a potential nominee with several aspects of the process, including answering accurately the background and disclosure forms, navigating the ethics requirements, testifying in the Senate, and preparing to respond to any negative information.

What will Biden announce before he takes office?

Before the inauguration, President Biden will announce certain senior White House appointments as well as his intent to nominate people to senior cabinet positions. The Biden transition team will vet candidates for these positions. The President will announce appointments and nominations to other senior positions after he takes office. At that point, the White House Counsel's Office and the Office of Presidential Personnel will oversee the vetting.

What is a review in a job?

A review can identify and allow the candidate to prepare to counter any such counterfeit vulnerabilities. If this vetting identifies any relevant issues, the candidate can assess how best to address them, which could include remedial tax filings, pre-emptive disclosures, outreach or other actions.

What happens after a presidential nomination?

For Presidential appointments requiring Senate confirmation, after nomination by the President, the White House transmits the nomination to the Senate, which then takes the following steps: Committee process.

Who is John Bellinger?

The authors are lawyers in the Washington, DC, office of Arnold & Porter. John Bellinger served as the Senate-confirmed Legal Adviser for the Department of State in the George W. Bush Administration and co-founded Republican National Security Officials for Biden.

Committee Hearings

• The nomination is passed to the Senate committee with jurisdiction over the appointed position. Some PAS positions require a joint hearing of two or more committees. Committee hearings allow a close examination of the nominee, looking for partisanship and views on public policy. They can also summon supporters and opponents to testify. Committees a...

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Committee Jurisdictions

Senate Hearings

Presidential Notification